“Reclassification” of the appeal and partial rejection of claims due to their “meritless” nature

The Milan Court, Labour Section, with an order of 6 May 2014, ruled regarding litigation on appeal as per article 414 of the Italian Code of Civil Procedure concerning sentencing of the employer: a) to the consequences contained in article 18 of the Workers’ Statute for the adopted discriminatory dismissal; b) to pay the salary differences connected with recognition of the higher claimed employment level and, c) alternatively regarding the claim connected to real protection, to payment of the maximum indemnity allowed for application of mandatory protection.
Preliminarily, with the notice of motion, considering the motion to verify the right to reinstatement as per article 18 of the Workers’ Statute, the Court reclassified the appeal as per article 1, paragraph 48, Law 92/2012.
Subsequently, with the order in this comment, the Court, after having denied the allegation of a case of discriminatory dismissal, granting the objections made by the defendant, declared meritless the motion connected with the higher employment level as well as what was proposed as an alternative related to application of the mandatory protection.